Deciding to file for personal bankruptcy is a very serious decision to make. It will have repercussions that will follow you for the rest of your life. Bankruptcy laws are not easy for non-lawyers to understand, but the information in this article will help explain what bankruptcy is, and how it can benefit you.
If you are being faced with home foreclosure, wage garnishments or other situations that make it necessary to file for bankruptcy quickly, you may want to explore an emergency filing. Regular bankruptcy filings entail approximately 50 pages of paperwork and one to two weeks for an attorney to pull everything together. In an emergency filing, your attorney can file just the first 2 necessary pages and keep creditors from continuing foreclosure or garnishment proceedings. The rest of the work will be completed afterward.
Trying to exclude family members you owe money to before filing for personal bankruptcy can get you into serious hot water. The court will look into who you pay-off as far as a year back, and if they find you showing favor to family over other creditors, they could invalidate your filing completely.
A huge mistake people make before filing for bankruptcy is maxing out their credit cards. This can lead to disaster when you file and the credit card companies might not discharge the debt. If you can, you need to stop using your credit cards at least six months before you file, and ideally for a year prior. Also, do your best to pay the minimum payments on these cards for at least six months before you file.
Take some time each day to stop thinking about your bankruptcy. It can seem like a thought you cannot get out of your head, but it is important to step away from the situation before you become too upset. Not only that, but removing it from your thoughts allows you to bring a fresher, more optimistic perspective to the table when you take up the subject again.
In any personal bankruptcy filing, it is essential to make certain to list all elements of your financial life in your petition and other paperwork. Failing to include all income sources or omitting individual debts and accounts can lead to substantial problems down the road that can limit the dischargeability of some of your most substantial obligations.
A useful tip for those thinking about filing for personal bankruptcy is, to keep in mind that any damage to your credit history caused by the filing is temporary. While there is no doubt that your score will take a noticeable hit, following your bankruptcy discharge, by using the process to start fresh. You have the ability to put yourself on a stronger financial footing going forward. This will allow you to rebuild your credit score faster than you may expect.
Decide whether you want to file for Chapter 7, or Chapter 13 bankruptcy. As an individual, you may do either one. Find out as much as you can about each type of bankruptcy, so you are able to make a choice that you can live with in the future.
Honesty may never have been as important as it will be when going through personal bankruptcy. Hiding income or assets may result in a dismissal from the court. It could also mean that you will be barred from ever having the opportunity to file for bankruptcy any time in the future.
Do not feel embarrassed or guilty about filling for bankruptcy. Many people fear that they will be treated as second class citizens after they declare themselves bankrupt. However, this is not the case. The option to 'declare yourself bankrupt' was developed by the government to enable assistance to be given to people who find themselves overwhelmed with debt and in need of a fresh start. Last year, over 1.4 million people filed bankruptcy and the majority of them are now living a happy, debt-free life. So, there is no need for you to be afraid of bankruptcy stigma.
Be fully educated about the rules of bankruptcy. If the courts were to find that you have disregarded any of the rules in place, your petition could be dismissed. Laws prohibit picking and choosing some debts to pay off prior to filing for bankruptcy. Family members cannot be paid off within one year of filing and creditors are limited to ninety days.
Many times, when a debtor files for Chapter 7 bankruptcy, their home can be protected. This is because of the homestead exemption. This exemption can protect the home, if the debtor owes below a certain threshold. Laws concerning this exemption do vary between states. Be sure to consult with a bankruptcy attorney before, assuming your home is safe from liquidation.
Look at all of the options. Although bankruptcy can be highly damaging to your credit score when you file, it may actually help you in the future. It will remain on your credit report for ten years, but if filing for bankruptcy helps you overcome your debt now, it will be better for your credit score than making late credit card and loan payments for the rest of your life.
Don't wait too long to file bankruptcy if, you have to go that route. Many debtors spend years trying to deal with debt before they file. You can get free consultations with some attorneys, to find out about bankruptcy and your rights. They can suggest the best time to file, and may provide services like credit management.
Do not take filing for bankruptcy lightly. Remember, your bankruptcy will appear on your credit report for ten years after you file, and you are unable to file again for six years. You may have a difficult time securing credit or low interest rates in the future, so make sure that you save this option until you truly have no alternatives.
As you know, filing for bankruptcy is a major decision that can have a huge impact on your life. By carefully studying this article, you should now have a much better understanding of America's bankruptcy laws, and you should be able to decide whether or not filing for personal bankruptcy will benefit you and improve your particular financial situation.
Orignal From: How To Get All Your Debts Discharged In A Bankruptcy
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